TNAG-1092-FCO40-1342-Hong-Kong-legislation-on-immigration-and-applications-and-pe-1981 — Page 4

of persons who were found to be in possession of articles which were clearly intended for use in committing forgery but which were not found in circumstances such as to permit the bringing of charges of attempted forgery. It would also place the burden of proof in any proceedings for the new offence upon the accused.

Since driving licences and Services' identity cards are not documents which would render a person 'lawfully employable' for the purpose of Part IV B of the Immigration Ordinance (Chapter 115) the penalty in respect of their forgery need not be increased,

Legal sanction of 1 year's imprisonment and a fine of $5,000 should be provided for non-compliance with section 5 of the Registration of Persons Ordinance (Chapter 177). At present the section requires persons to use their registered name and numbers on their identity cards in dealing with the Government but does not make non-compliance an offence.

Any person found without lawful excuse to be in possession of forged identity cards or other documents issued under the Registration of Persons Ordinance (Chapter 177) should on conviction be liable to increased penalties in line with those set for possession of forged travel documents and Vietnamese refugee cards. This would be directed not only at the individual who carried a forged identity card but also at organised 'trafficking' in identity cards and photograph substitution. An accused would bear the onus of

establishing the existence of a lawful excuse for such possession.

A definition of 'document of identity' and 'certificate of identity' should be introduced into the Immigration Ordinance (Chapter 115) since forgery and fraud in re - lation to such documents are the subject of offences under section 42 of the same Ordinance.

Detection of Forgeries since

'Operation Champion'

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Since 30th October 1980, it has become compulsory for all residents who have attained the age of 15 years, except those exempted under section 25 of the Registration of Persons Regulations (Chapter 177), to carry any one of the six types of documents referred to in paragraph 3 above.

G.S. 166

CONFIDENTIAL #2